Publication
50858 (20 March 2020)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
File Reference - 50858
Application of [ ]
Date of Incident - [ ]
[ ] was talking to a friend at [ ] on the [ ] [ ].
A stranger spoke to her and then grabbed her by the hair. She put her hands up to try and get his hands out of her hair and he bit her finger. She had to attend hospital for treatment and had been receiving treatment for a 12 month period.
She reported the incident to An Garda Siochana on the [ ]. The Station she reported it to was [ ]. She suffered a bite to her index finger. She has claimed travelling expenses in the sum of €400.00 ongoing, in her application to the Tribunal which was submitted on the [ ] and notified to the Tribunal on the same date. No issue arises in respect of time.
Garda [ ] of [ ] Garda Station in his statement states that on the night in question he went to [ ] where it had been reported that a group of people were fighting in the street. When he arrived at the scene he observed four people on the ground, three males and one female. One of the parties on the ground was the Applicant [ ]. She stated that they were assaulted by [ ] on leaving [ ] on [ ]. [ ] was present and he stated that he was assaulted by the other three outside the [ ].
It is noted that [ ] has two previous convictions for assault. It is also noted in the Garda report that all parties were intoxicated and both parties claimed that they had been assaulted by the other.
Under article 14 of the scheme states: "no compensation will be payable where the Tribunal is satisfied that the conduct of the victim, his or her character or way of life make it in appropriate that he or she should be granted an award and the Tribunal may reduce the amount of an award where in its opinion it is appropriate to do so having regard to the conduct, character or way of life of the victim".
The details of article 14 were notified to the Applicant on the [ ] together with a request for details of her injuries and the name and address of the treating Physician and also seeking details of loss of earnings and out of pocket expenses and vouchers in respect of same.
No response has ever been received to that.
Under article 23 of the scheme it states: "to qualify for compensation it will be necessary to indicate to the Tribunal that the offense giving rise to the injury has been the subject of criminal proceedings or that it was reported to the Gardai without delay".
It is noted that while the incident occurred on the [ ] the Injury was not reported until the [ ].
The Tribunal is also concerned with Article 13 of the scheme which states: "no compensation will be payable where the Tribunal is satisfied that the victim was responsible either because of provocation or otherwise for the offence giving rise to his injuries and that the tribunal may reduce the amount of an award where in its opinion the victim has been partially responsible for the offence".
The final issue of concern is that it is not yet obvious as to whether the Applicant was the victim of a crime. An Garda Siochana reported on the [ ] that proceedings had commenced against [ ] for assault. It is obvious however that there was a fracas involving four people outside this public house and that [ ] [ ] claims that he was assaulted by the other three.
The Tribunal is not satisfied on the balance of probabilities that:
(a) the Applicant was the victim of a crime that comes within the scope of the scheme.
(b) even if she was the Tribunal would apply Article 13 of the scheme.
(c) even if she was the Tribunal would apply Article 14 at this stage.
(d) Finally, no basis as in evidence for a claim in respect of damages even if the Tribunal were minded to consider same has been made out by the Applicant.
The Tribunal accordingly dismisses the Application.
[ ]
[ ]
20 March 2020